(a) 
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment.
(b) 
It is the intent of the city council that the locational regulations of section 5.14.013 are promulgated pursuant to Texas Local Government Code chapters 51, 54, 215, 217, and 243, and the city charter.
(1976 Code, sec. 26-1/2-1; 1998 Code, sec. 110-1; 2013 Code, sec. 6-19)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade
means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store
means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations, which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret
means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel
means a hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
Adult motion picture theater
means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater
means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Chief of police
means the chief of police of the city or his designated agent.
Escort
means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency
means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Establishment
means and includes any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee
means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio
means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or state of nudity
means:
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
Operates or causes to be operated
means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
Person
means an individual, proprietorship, partnership, corporation, association or other legal entity.
Residential district
means a single-family, duplex, townhouse, multi-family or mobile home zoning district as defined in article 9.02 (zoning).
Residential use
means a single-family, duplex, multi-family or mobile home use as defined in article 9.02 (zoning).
Semi-nude
means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center
means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business
means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
Specified anatomical areas
means human genitals in a state of sexual arousal.
Specified sexual activities
means and includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Substantial enlargement of a sexually oriented business
means the increase in floor area occupied by the business by more than 25 percent.
Transfer of ownership or control of a sexually oriented business
means and includes any of the following:
(1) 
The sale, lease or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(1976 Code, sec. 26-1/2-2; 1998 Code, sec. 110-2; 2013 Code, sec. 6-20)
Sexually oriented businesses are classified as follows:
(1) 
Adult arcades;
(2) 
Adult bookstores or adult video stores;
(3) 
Adult cabarets;
(4) 
Adult motels;
(5) 
Adult motion picture theaters;
(6) 
Adult theaters;
(7) 
Escort agencies;
(8) 
Nude model studios; and
(9) 
Sexual encounter centers.
(1976 Code, sec. 26-1/2-3; 1998 Code, sec. 110-3; 2013 Code, sec. 6-21)
(a) 
A person commits an offense if he operates a sexually oriented business without a valid license, issued by the city for the particular type of business.
(b) 
An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. An applicant who must comply with section 5.14.019 shall submit a diagram meeting the requirements of section 5.14.019.
(c) 
The applicant must be qualified according to the provisions of this article.
(d) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 5.14.005 and each applicant shall be considered a licensee if a license is granted.
(e) 
The fact that a person possesses a valid theater license, dancehall license, or public house of amusement license does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a theater license, public house of amusement license or dancehall license shall comply with the requirements and provisions of this article as well as the requirements and provisions of other chapters of this code when applicable.
(1976 Code, sec. 26-1/2-4; 1998 Code, sec. 110-4; 2013 Code, sec. 6-22)
(a) 
The chief of police shall approve the issuance of a license by the assessor and collector of taxes to an applicant within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:
(1) 
An applicant is under 18 years of age.
(2) 
An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business.
(3) 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) 
An applicant or an applicant’s spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) 
The license fee required by this article has not been paid.
(6) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) 
An applicant or the proposed establishment is in violation of or is not in compliance with section 5.14.007, 5.14.012, 5.14.013, 5.14.015, 5.14.016, 5.14.017, 5.14.018, 5.14.019, or 5.14.020.
(8) 
An applicant or an applicant’s spouse has been convicted of a crime:
(A) 
Involving:
(i) 
Any of the following offenses as described in Texas Penal Code chapter 43:
a. 
Prostitution;
b. 
Promotion of prostitution;
c. 
Aggravated promotion of prostitution;
d. 
Compelling prostitution;
e. 
Obscenity;
f. 
Sale, distribution or display of harmful material to a minor;
g. 
Sexual performance by a child;
h. 
Possession of child pornography;
(ii) 
Any of the following offenses as described in Texas Penal Code chapter 21:
a. 
Public lewdness;
b. 
Indecent exposure;
c. 
Indecency with a child;
(iii) 
Sexual assault or aggravated sexual assault as described in Texas Penal Code chapter 22;
(iv) 
Incest, solicitation of child or harboring a runaway child as described in Texas Penal Code chapter 25; or
(v) 
Criminal attempt, conspiracy, or solicitation to commit any of the offenses set forth in this subsection (a)(8)(A);
(B) 
For which less than:
(i) 
Two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(ii) 
Five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) 
Five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(b) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicant’s spouse.
(c) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8) of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)(B) of this section has elapsed.
(d) 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(1976 Code, sec. 26-1/2-5; 1998 Code, sec. 110-5; 2013 Code, sec. 6-23)
The annual fee for a sexually oriented business license shall be as established by the city council from time to time.
(1976 Code, sec. 26-1/2-6; 1998 Code, sec. 110-6; 2013 Code, sec. 6-24)
(a) 
An applicant or licensee shall permit representatives of the police department, health department, fire department, housing and neighborhood services department, and building inspection division to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(b) 
A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(c) 
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(1976 Code, sec. 26-1/2-7; 1998 Code, sec. 110-7; 2013 Code, sec. 6-25)
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 5.14.004. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
(1976 Code, sec. 26-1/2-8; 1998 Code, sec. 110-8; 2013 Code, sec. 6-26)
The chief of police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:
(1) 
Violated or is not in compliance with section 5.14.007, 5.14.012, 5.14.013, 5.14.015, 5.14.016, 5.14.017, 5.14.018, 5.14.019 or 5.14.020.
(2) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.
(3) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this article.
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises.
(5) 
Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(1976 Code, sec. 26-1/2-9; 1998 Code, sec. 110-9; 2013 Code, sec. 6-27)
(a) 
The chief of police shall revoke a license if a cause of suspension in section 5.14.009 occurs and the license has been suspended within the preceding 12 months.
(b) 
The chief of police shall revoke a license if he determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(2) 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
A licensee or an employee has knowingly allowed prostitution on the premises;
(4) 
A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(5) 
A licensee has been convicted of an offense listed in section 5.14.005(a)(8)(A) for which the time period required in section 5.14.005(a)(8)(B) has not elapsed;
(6) 
On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 5.14.005(a)(8)(A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7) 
A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as defined in Texas Penal Code section 21.01; or
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.
(c) 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) 
Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
(e) 
When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the chief of police finds that the basis of the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 5.14.005(a)(8)(B) has elapsed.
(1976 Code, sec. 26-1/2-10; 1998 Code, sec. 110-10; 2013 Code, sec. 6-28)
If the chief of police denies the issuance of a license, or suspends or revokes a license, the chief of police shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the state district court. An appeal to the state district court must be filed within 30 days after the receipt of notice of the decision of the chief of police. The licensee shall bear the burden of proof in court.
(1976 Code, sec. 26-1/2-11; 1998 Code, sec. 110-11; 2013 Code, sec. 6-29)
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(1976 Code, sec. 26-1/2-12; 1998 Code, sec. 110-12; 2013 Code, sec. 6-30)
(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A boundary of a residential district as defined and located in the city’s comprehensive zoning ordinance and map;
(4) 
A public park; or
(5) 
The property line of a lot devoted to a residential use as defined in this article.
(b) 
A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c) 
A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof, containing another sexually oriented business.
(d) 
For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(e) 
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(1976 Code, sec. 26-1/2-13; 1998 Code, sec. 110-13; 2013 Code, sec. 6-31)
(a) 
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 5.14.013, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 5.14.013.
(b) 
If the written request is filed with the city secretary within the ten-day limit, the zoning board of adjustment shall consider the request. A date for the hearing shall be set within 60 days from the date the written request is received.
(c) 
The zoning board of adjustment may, in its discretion, grant an exemption from the locational restrictions of section 5.14.013 if it makes the following findings:
(1) 
The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) 
The granting of the exemption will not violate the spirit and intent of this article;
(3) 
The location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development or urban blight;
(4) 
The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(5) 
All other applicable provisions of this article will be observed.
(d) 
The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the zoning board of adjustment is final.
(e) 
If the board grants the exemption, the exemption is valid for one year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 5.14.013 until the applicant applies for and receives another exemption.
(f) 
If the board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board’s action.
(g) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 5.14.013.
(1976 Code, sec. 26-1/2-14; 1998 Code, sec. 110-14; 2013 Code, sec. 6-32)
(a) 
A nude model studio shall not employ any person under the age of 18 years.
(b) 
A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d) 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(1976 Code, sec. 26-1/2-16; 1998 Code, sec. 110-16; 2013 Code, sec. 6-34)
(a) 
The requirements and provisions of this article remain applicable to adult theaters and adult motion picture theaters.
(b) 
A person commits an offense if he knowingly allows a person under the age of 18 to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(d) 
It is a defense to prosecution under subsections (b) and (c) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(1976 Code, sec. 26-1/2-17; 1998 Code, sec. 110-17; 2013 Code, sec. 6-35)
(a) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(1976 Code, sec. 26-1/2-18; 1998 Code, sec. 110-18; 2013 Code, sec. 6-36)
(a) 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, videocassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police or designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 1.0 footcandle as measured at the floor level.
(8) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) 
A person having a duty under subsection (a) of this section commits an offense if he knowingly fails to fulfill that duty.
(1976 Code, sec. 26-1/2-19; 1998 Code, sec. 110-19; 2013 Code, sec. 6-37)
(a) 
A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) 
Human sexual intercourse, masturbation or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) 
In this section, the term “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item is visible to members of the general public.
(1976 Code, sec. 26-1/2-20; 1998 Code, sec. 110-20; 2013 Code, sec. 6-38)
(a) 
Except as provided by subsection (b) of this section, any person violating section 5.14.013, upon conviction, is punishable by a fine not to exceed $2,000.00.
(b) 
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 5.14.004(a) or 5.14.013 is punishable as a class A misdemeanor.
(c) 
Except as provided by subsection (b) of this section, any person violating a provision of this article other than section 5.14.013, upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(d) 
It is a defense to prosecution under section 5.14.004(a), 5.14.013 or 5.14.016(d) that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state, or a college, junior college or university, supported entirely or partly by taxation;
(2) 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) 
In a structure:
(A) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(B) 
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(C) 
Where no more than one nude model is on the premises at any one time.
(e) 
It is a defense to prosecution under section 5.14.004(a) or 5.14.013 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.
(1976 Code, sec. 26-1/2-21; 1998 Code, sec. 110-21; 2013 Code, sec. 6-39; Ordinance adopting 2021 Code)